Ekati bargaining talks go to Vancouver
Hearing to be held between Dominion and UNW in January
Karen K. Ho
Northern News Services
Friday, November 20, 2015
SOMBA K'E/YELLOWKNIFE
Months after contract negotiations broke down, a date has been set to hear a complaint from Dominion Diamond Corporation that the union representing its workers at the Ekati diamond mine has "failed to bargain."
An aerial photograph of the Ekati Diamond mine. Contract negotiations between the Union of Northern Workers and Dominion Diamond Corporation broke down earlier this year and are now going to a three-day hearing with the Canada Industrial Relations Board in Vancouver starting on Jan. 26 to try and settle a pair of disputes between the two sides. - photo courtesy of BHP Billiton
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In an item posted to its website on Nov. 5, the Union of Northern Workers (UNW) said it recently received notice from the Canada Industrial Relations Board (CIRB) that a three-day hearing had been scheduled in Vancouver starting on Jan. 26. The industrial relations board is the judicial organization in charge of the Canada Labour Code.
When a failure to bargain complaint is filed, the industrial relations board may appoint a board member or staff person to help settle the issue. If unresolved, the matter can escalate to a hearing, where the Canada Industrial Relations Board can uphold the complaint through a remedial order, or dismiss it altogether.
"We were anticipating that the CIRB would rule decisions on these complaints based on the written submissions made by both parties, without the need for a hearing," the UNW wrote. "However, that has not happened."
Dominion filed the failure to bargain complaint on May 28, arguing that the union has failed to provide a position on the company's decision to cancel free flights for workers to Yellowknife from Edmonton. The decision put the union in a potentially difficult position of having to defend the free flights for out-of-territory workers while also representing employees living in the North who do not benefit from them.
An unfair labour practice complaint, meanwhile, was filed by the Public Service Alliance of Canada (PSAC) on Aug. 25. In their Aug. 27 update posted on the UNW website, the union and PSAC stated this counter-complaint was made "in an attempt to get the employer back to the bargaining table and to protect our member's rights and privileges during the collective bargaining process."
Jack Bourassa, PSAC's regional vice-president for the north, confirmed the meeting was taking place in January in Vancouver because that was the nearest regional office location with the facilities needed for the hearing.
Discussions to renew the current contract with Union of Northern Workers were held at the end of May.
According to the UNW, there have been no negotiation meetings held since May 28, the date Dominion Diamond filed its failure to bargain complaint with the board.
The company cancelled its Edmonton to Yellowknife charter flight for employees as of June 1.
Earlier this year, Elliot Holland, Dominion's vice-president of projects and business development, told Yellowknifer in an e-mail statement that as of June 1, company fly-points with transport to the mine site will be located only within the territory.
"All employees who reside outside of these areas will be required to travel to an approved Northern fly-point," he wrote.
According to Laura Worsley-Brown, Dominion's senior adviser of external relations, fly-points are located in the communities of Yellowknife, Lutsel K'e, Hay River, Fort Smith, Fort Resolution, Fort Simpson, Inuvik, Norman Wells, Deline, Kugluktuk and Cambridge Bay.
Holland cited the company's obligations to the GNWT under its socio-economic agreement to support the Northern economy and its workforce.
"We have been assessing our policies to make enhancements to retain Northern-resident workers and to entice others to move north by promoting NWT as a great place to work, live and raise families," he stated.
Worsley-Brown said CEO Brendan Bell was unavailable for an interview but provided this written comment by e-mail: "Dominion Diamond Corporation respects the decision of the Canada Industrial Relation Board (CIRB) to hold a hearing. We will participate as required and look forward to a timely outcome."
When the UNW was asked for further comment, Gayla Thurston, acting president for the Northern Territories Federation of Labour, told Yellowknifer there was nothing further to share beyond the notices posted on the UNW website.
According to a report from Statistics Canada released on July 10, between June 2014 and June of this year, the territory's population fell by 400 people and its labour force fell by 600 people.
Although Dominion and UNW have not disclosed the number of employees affected by the current negotiations, a 2013 joint briefing paper reveals that Ekati employs a little more than 1,200 workers on site, with almost half (46 per cent) of that workforce living outside of the NWT.
Dominion Diamond also has an ownership stake in the Diavik diamond mine.
While it does not operate Diavik, its joint arrangement with Rio Tinto means Dominion Diamond pays 40 per cent of the mine's operating and capital costs while receiving 40 per cent of the mine's diamond earnings. At Ekati, Dominion Diamond holds a 88.9 per cent ownership as well as a 65.3 per cent ownership in the surrounding areas.
Sshares of Dominion (TSX: DDC) closed at $12.05 Wednesday, up 22 cents or 1.87 per cent.
By comparison, on July 13, shares closed at $16.08, down 23 cents or 1.14 per cent. The stock has fallen significantly in the previous 30 days, dropping more than 20 per cent.
